Space, place, and young injecting drug users in San Francisco
by
Peter J. Davidson
DISSERTATION
Submitted in partial satisfaction of the requirements for the degree of
DOCTOR OF PHILOSOPHY
in
Sociology
in the
GRADUATE DIVISION
of the
UNIVERSITY OF CALIFORNIA, SAN FRANCISCO ii
Copyright 2009
by
Peter J. Davidson iii
For Pete Morse, who is much missed... iv
Acknowledgments
There’s no way to truly list everyone who is somehow present in the room on the day a dissertation is filed. But here’s an attempt.
Dissertations are in a way the embodiment of a lot of conversations. In a decade or more of working around and with people who are in some way engaged in the question of what it means to use (some) drugs in the early 21st century, there has been more conversations than I can remember. The following are people who I have clear memories of having the kind of conversations in which the way you think about something is fundamentally changed.
UFO and friends of UFO: Alya Briceño, Alice Asher, Bob Thawley, Paula Lum,
Judy Hahn, Jennifer Evans, John Day, Kyle Ranson, Martha Montgomery, Gina Limon, Caycee Cullen, Kim Pierce, Dante Brimer, Kristen Ochoa, Ivy McLeland, Andrew Moss, Clara Brandt, Gina Hobson, Noah Gaiser, Ro Giuliano, Pamela Axelson, Shanel Coleman, Bridget Prince, Erin Antunez, Sugar Edwards and Anne Cassia.
San Francisco Needle Exchange: Everyone. But in particular, Mary Howe, Rachel McLean, Jennifer Dehen, and Steffan Haaby.
Wendy Loxley from the Australia National Drug Research Institute (and who, for the record, got me started on overdose work).
Pete Morse, friend and colleague, was part of a million conversations (and had the wonderful and terrifying habit of never forgetting any of them, no matter how liquid it all got), and also provided an unyielding example of how to always insist on not merely doing the right thing but doing it the right way.
I also want to particularly acknowledge Rachel Washburn, whose contributions to this project as both a colleague and life partner would take pages to list, all while finishing her own dissertation.
Finally, thanks go to my committee, in particular Ruth Malone and Kimberly Page, who both, in different ways and styles, went above and beyond.
This dissertation work was partially funded by a dissertation support grant from the California HIV/AIDS Research Program, Grant No. D06-SF-424 v
Space, place, and young injecting drug users in San Francisco
by
Peter J. Davidson
Abstract
This dissertation traces an ‘alternative topography’ of San Francisco, in which the roles of past and current judicial status, locations of key resources, economic strategies, the locations of usable public spaces, and recent and current relationships with others have become the crucial contours shaping the movements and practices of daily life for young, predominantly homeless people who inject drugs in San Francisco in the period 2003-2008.
The project utilized qualitative and quantitative interviews, ethnographic fieldnotes, historical and contemporary documents, and secondary data sources such as land use maps and census data. These data were analyzed using a grounded theory/situational analysis approach.
Substantiative findings include: how young homeless people sought to make money heavily shaped the ways they related to different parts of the city and how they moved between them, with substantial implications for public health interventions attempting to target this population; and that how people ‘know’ and ‘create’ places, and the processes by which those understandings are contested likewise heavily impact they ways people move through built environments, likewise with substantial implications for public health.
Full text at http://mouldypumpkin.com/dissertation/2009_Davidson.pdf vi
Contents
List of Tables x
List of Figures xi
1 Introduction 1 1.1 Opening scene ...... 5 1.1.1 One day ...... 6 1.2 Approaching life on the street ...... 17 1.3 A note on labels and identity issues ...... 18 1.4 Methods ...... 19 1.4.1 Methodological approach ...... 22 1.4.2 Primary data sources and methodologies ...... 23 1.4.2.1 Quantitative interviews ...... 23 1.4.2.2 Participant observation and Field notes ...... 25 1.4.2.3 Qualitative interviews ...... 25 1.4.2.4 Participant maps from qualitative interviews ...... 26 1.4.2.5 Outreach worker maps ...... 27 1.4.2.6 GIS data ...... 27 1.4.3 Secondary Data Sources ...... 28 1.4.3.1 Publicly available GIS data ...... 28 1.4.3.2 Media reports ...... 28 1.4.4 Additional materials ...... 29 1.4.4.1 Tenderloin map ...... 29 1.4.5 Ethical approval and considerations ...... 29 1.4.5.1 Institutional Review Board approvals ...... 29 1.4.5.2 Other ethical considerations ...... 30 1.5 Overview of the dissertation ...... 31
I Background 33
2 Judicial status and injecting practices 34 vii
2.1 Introduction ...... 34 2.2 Needle ‘exchange’: a brief outline ...... 35 2.2.1 Operational normality ...... 40 2.3 Judicial status ...... 47 2.3.1 UFO and de jure judicial status ...... 49 2.3.1.1 Warrants and bench warrants ...... 49 2.3.1.2 Being stopped by police ...... 50 2.3.1.3 Stay-away orders and restraining orders ...... 51 2.3.1.4 Lifetime incarceration ...... 52 2.3.1.5 Probation and parole ...... 53 2.4 Judicial status and acquisition of needles ...... 54 2.4.1 SII vs ...... 60 2.4.2 Warrants ...... 61 2.4.3 Incarceration ...... 64 2.4.4 Probation or parole ...... 64 2.4.5 Stay-away orders ...... 65 2.4.6 Stopped by police ...... 66 2.5 Conclusion ...... 69
3 Historicizing the situation 73 3.1 Introduction ...... 73 3.2 History of a ‘problem’ ...... 74 3.2.1 Historical background ...... 75 3.2.2 The prohibitionary impulse ...... 88 3.2.3 Processes of problematization ...... 92 3.2.4 Medicalization and responses to medicalization ...... 96 3.2.5 Risk and governmentality ...... 101
II Street life 114
4 The economics of street survival 115 4.1 Introduction ...... 115 4.1.1 Quantifying income sources ...... 115 4.2 “Get a job”: panhandling ...... 117 4.2.1 The daily grind ...... 118 4.2.2 Clashing with the norm ...... 123 4.2.3 Crossing over: panhandling as a connection to other activities .....128 4.2.4 Panhandling spatiality ...... 131 4.2.5 What panhandling ‘means’ ...... 133 4.3 “I kicked him on”: arbitrage and selling drugs ...... 134 4.3.1 Dealing as a structural system ...... 141 4.3.2 Arbitrage part II: beyond drugs ...... 144 4.4 “Just run!”: boosting ...... 147 4.5 Absence as data: sex work ...... 155 viii
4.6 Scrapping ...... 157 4.7 Welfare ...... 162 4.8 “Get a job” redux: the formal economy ...... 167 4.9 Conclusion ...... 170 4.9.1 Mental maps, embodied spaces, and their consequences ...... 171 4.9.2 Embodied spaces and making money ...... 179
5 Making places 182 5.1 Inscribed and created places ...... 183 5.1.1 Inscribed spaces ...... 183 5.1.2 Creating places ...... 184 5.2 Carving out place: re-imagining the city and creating spaces ...... 185 5.2.1 “Named places” ...... 185 5.2.2 Created places: the Grey Wall ...... 186 5.3 Through their eyes: young injectors and neighborhoods ...... 195 5.3.1 Specific neighborhoods ...... 196 5.4 The Tenderloin ...... 197 5.4.1 The stain of the unreal ...... 198 5.4.2 Through their eyes ...... 201 5.5 The Castro ...... 216 5.5.1 Community and exclusion ...... 216 5.5.2 The other view ...... 217 5.6 The Haight ...... 223 5.6.1 A history in one thousand words ...... 223 5.6.2 Another view ...... 224 5.7 ‘Neighbors’ and civilians ...... 233 5.7.1 Background ...... 234 5.7.2 Housed community initial reaction ...... 235 5.7.2.1 Prop I meeting ...... 237 5.7.3 Consequence ...... 240 5.7.4 Interpretation ...... 242 5.8 Conclusion ...... 248 5.8.1 Spatial tactics ...... 249 5.8.2 Experiential neighborhoods, ...... 252
III Making sense of it all 254
6 Conclusion 255 6.1 Implications ...... 258 6.1.1 Cepi corpus (I have the body): the legal body and the law ...... 259 6.1.2 Power as detritus ...... 261 6.1.3 Spatiality, GIS, and the research gaze ...... 262 6.1.3.1 Why is spatiality important? ...... 263 6.1.3.2 Directions for future research: How do we ‘do’ spatiality? . . 264 ix
A Qualitative probes 266
B Quantitative instrument 269
C HYA: A brief history 274
D Tenderloin coding ‘map’ 280
Bibliography 285 x
List of Tables
4.1 Sources of income ...... 117 xi
List of Figures
2.1 Injecting supplies ...... 42 2.2 Paths through the judicial system ...... 54 2.3 SII density ...... 62 2.4 SII vs warrants excluding secondary exchange ...... 63
3.1 Bayer Drug Advertisement ...... 77
4.1 Panhandling areas and specific locations ...... 132 4.2 Steven’s map ...... 152 4.3 Erica’s map ...... 159 4.4 Fred’s map ...... 164 4.5 “The Wiggle” Bike route ...... 176 4.6 London, half-hour increments via public transport ...... 177
5.1 The Grey Wall ...... 187 5.2 UFO outreach near the Grey Wall: heat map ...... 188 5.3 Downtown police stop heat map ...... 192 5.4 City-wide police stop heat map ...... 193 5.5 The White Wall ...... 194 5.6 Map of the Tenderloin by subjective ‘Tenderloin-ness’ ...... 202 5.7 Slash’s map of the Castro ...... 219 5.8 Police stops in the Castro ...... 222 1
Chapter 1
Introduction
This dissertation is grounded in approximately ten years working in the public health field around major vectors of morbidity and mortality among people who inject drugs—more specifically, around heroin-related overdose and blood borne viruses such as hepatitis C and HIV. One of the key concerns of that field is why interventions designed to alleviate these causes of morbidity and mortality do not work as well as we’d like them to. As a specific example, needle exchange is now one of the most studied public health interventions of the past thirty years. In cities such as San Francisco, which has at least one needle exchange open every day of the week, injectors theoretically have the ability to get enough needles to use a new needle for every single injection, and therefore blood borne virus transmission rates could theoretically also drop to zero. In a cohort of young injectors
I’ve worked with for the past eight years, the hepatitis C incidence rate runs at around 25% per person year—if one hundred individuals test negative for hepatitis C at the beginning of the year, twenty five of them will test positive by the end of the year (Hahn et al., 2002). 2
The public health literature on why this intervention (needle exchange) has not eliminated hepatitis C among people who inject is large, and covers everything from the role of fear of arrest for possessing needles to the opening hours of needle exchanges.
When I began this project, I had another idea. In 1913, Trowbridge (Charles
1913) had conceptualized the idea of “imaginary maps”, which articulated the idea that the mental understandings people had of space did not necessarily directly ‘map’ to physical space—that the relations of geographic locales were as much related to conceptions of them as to physical distance and orientation. These ideas were developed significantly by the geographers Peter Gould and Rodney White ([1974] 1986) in the 1970s and early 1980s.
Gould and colleagues explicitly developed ‘mental maps’—cartographic representations of the relationships between geographic objects in peoples minds, rather than by physical distance. People’s experiences were understood to shape and alter their mental maps— someone who lived in Oakland, for example, might see San Francisco as close and easy to get to; someone who lived in San Francisco might see Oakland as distant and difficult to get to. The San Franciscan might change her or his perspective if they held a job in Oakland for a while, or had some other reason to commute there regularly.
I saw this concept of ‘mental maps’ as having bearing on the question as to why injecting drug users might or might not make use of public health interventions; a new addition to the literature on barriers to effective use of needle exchange and similar programs.
I hypothesized that people who inject drugs, particularly the homeless youth I worked with in the prior decade, were usually highly mobile, and that their movements through the city on a daily basis would be shaped by the mental maps they had of the city; further, that 3 their patterns of movement would have an impact on their ability to access programs such as needle exchange. If the exchange in the Haight is only open for two hours per day in the early evening on only three days a week1, and if a person who slept overnight in the park every night nonetheless spent most of their days downtown because the panhandling was better, or they were avoiding the group of young people who frequent the front of the park during the day who drink and then beat up people they perceive to be ‘junkies’, or they had a stay-away order from the police, then that person would not actually be in the Haight during the opening hours of that exchange, and the ‘intervention’ of that particular exchange would be limited to whatever needles they could get second hand from other injectors.
A second aspect of life among young injectors that was firmly in my mind as I began this project was interactions with the judicial system, and, more specifically, what I will be calling their ‘judicial status’. By this, I mean documented aspects of life such as having warrants out for one’s arrest, or being on probation or parole, or otherwise having a ‘status’ which may play a role in mediating future encounters with police. Anecdotally, I would hear people at UFO field sites talking about how they were avoiding certain locations because they were on probation and as a condition of their probation could not visit certain parts of the city. Or that people were only obtaining one or two needles each time they visited a needle exchange (instead of the dozens or hundreds they actually needed to meet their injecting needs) because they were on probation and did not want police to easily be able to establish they were using drugs again (one or two needles are hide-able; hundreds are not).
Finally, in previous work, my colleagues and I had described associations between exposure to incarceration and acquisition of hepatitis B and C, also suggesting potential connections
1Monday, Wednesday, Friday from 5pm to 7pm, in fact. 4 between exposure to the criminal justice system and other behaviors (Kittikraisak et al.,
2006). From this background, I saw judicial status as something with the potential to shape the ways people moved around the city, and these patterns of movement as having the potential to influence whether a given individual could or could not acquire needles or otherwise access services which might help reduce morbidity and mortality associated with life on the street.
In the process of following these ideas, I interviewed young, predominantly homeless people who injected drugs about their movements around the city and the reasons behind those movements. I also collected multiple other forms of spatialized data, such as the last location UFO participants had been stopped by police for any purpose, and so on.
As I began analysis, I realized (as is common in such projects) that the interview transcripts and other data sources were not taking me in the direction I had envisioned.
What I was getting was not a picture of how mental maps and physical movement shaped access to public health interventions, but rather a larger picture of a group of people simply making their way in the world. It might seem obvious, but needle exchanges and similar public health programs play tiny roles in most people’s lives. People have often extremely good relationships with needle exchanges and similar; they may valorize needle exchange and those who work there when asked, but none the less, needle exchange is a very small part of their lives. For those who spend their days designing and implementing public health projects designed to reduce morbidity and mortality, particularly in a social and political environment as hostile to illicit drug use as the United States, it’s hard not to think about needle exchange, just as for dentists it’s hard not to think about preventative dental care 5
and the consequence of not doing it. For those on the receiving end of such interventions, it’s
a more casual thing—how much time do most people spend thinking about dental hygiene?
This dissertation, then, has become an exercise in describing the lives of a group
of predominantly homeless young people, most of whom were using a variety of injectable
drugs at the time they spoke to me. The issues on which this dissertation focuses all still
have describable or at least potential impacts on people’s relationships to service provision
which targets them. This dissertation still contains a heavy focus on the role of the spatial;
however, the relationships between service provision and ‘mental maps’ are no longer pre-
eminent in the way I expected them to be when I began.
1.1 Opening scene
This dissertation is, as much as anything, a walk through the lives of a specific group of people. There is a focus on explicating specific factors which influence their lives and their responses to those factors. Many of these factors will necessarily be alien to readers who have not been homeless or have not been embedded in worlds in which serious engagement with judicial systems is a common occurrence, or in which the use of illegal, expensive, and physically addictive drugs is entwined in daily life. Since most of the concepts explored in this dissertation are discussed in partial isolation, the overall picture of a ‘normal’ day becomes lost.
In order to provide a narrative backdrop for what follows, below is an ‘ordinary day’ for a pair of young homeless heroin users. It is essentially an amalgam constructed from answers to the qualitative probe question “Tell me about your day yesterday.” 6
1.1.1 One day
Jane and her partner Jack wake up in a camp they’ve constructed on the North side of Golden Gate Park about halfway down towards the beach. Until a few days ago, they were in an SRO [single room occupancy hotel] in the Tenderloin, but had been evicted after an argument with the hotel manager in which they accused hotel staff of helping people break into their room on a regular basis. They were actually somewhat relieved to be camping out again—the weather is good at the moment, their stuff isn’t being stolen, and it’s giving them a break from the expensive temptation of being right across the hallway from a crack dealer. They’d move their stuff from the SRO to the campsite using a shopping trolley they’d stored in their room “just in case”. They’ve camped out in the park before many times, and have learned the basic rules to being left alone by police and Park employees—don’t camp up towards the front of the park, or police from the Park Station will wake you up and make you break down your camp and often write you tickets (but they’re “too lazy to walk any further back than about 4th Avenue”); and make your camp as neat as possible, or the employees of San Francisco Recreation and Parks (usually rendered as ‘Park and Rec’) will call the police to ticket you for illegal camping and will dump your belongings in the trash while you’re busy with the police.
Both Jane and Jack are daily heroin users at the moment, and since it’s been almost 12 hours since their last shot they’re already beginning to feel the physical effects of withdrawal. Yesterday they hadn’t made much money, so what little heroin they’d been able to get is long gone. Jane is keen to get down to the Haight to start panhandling, but
Jack, who has a bigger habit at the moment, wants to see if he can extract a last little bit of 7
heroin from the cotton balls used to strain the heroin they’d used yesterday. Jane tells him
she’ll be down near the Red Vic [a cinema on Haight street] and heads off. Jack gathers one
of the cookers they’d used last night, puts the tiny cotton balls they’d saved from yesterday
in the cooker with a little water, and pounds and grinds at the wet cottons with a cap from
a needle2. He draws up the water into the needle and spends several frustrating minutes
trying to get a vein, before finally finding one and injecting. He heads off to find Jane, who,
it turns out, isn’t in front of the Red Vic.
Jane had gotten to the Red Vic, but since it’s still early most of the foot traffic
is shopkeepers and merchants opening their stores, not exactly promising for panhandling.
More to the point, none of her friends, who might have had some heroin or at least some
pills, seem to be around either. She knows from experience that Jack will take a while to
show up, even assuming he doesn’t decide to head somewhere else entirely, and decides to
go downtown—the morning business crowd will be there and she’ll probably bump into a
few people she knows anyway. She gets on a bus headed down Haight, and begs the driver
to let her go “just a little way” for free. The driver rolls his eyes, but lets her on.
Jack waits for five minutes or so, but figures Jane has probably either met up with
someone or headed downtown. Either way, he still needs to get well—the shot of pounded
cotton took the edge off feeling sick, but only just, and even that isn’t going to last long. He
figures he may as well head downtown himself—he’ll bump into Jane somewhere. He walks
up Cole Street to the MUNI light rail stop at Carl Street, and jumps on the second car. He
never has much luck talking his way onto busses, at least when he’s not with Jane, but you
2For those readers interested in injection practice minutiæ, I asked a group of UFO participants sitting around the waiting room of UFO whether they’d heat cottons if they were pounding them—the consensus was “only if they were someone else’s, just in case of HIV” (fieldnotes 3/1/2009). 8 don’t have to get past a driver on the light rail system. The train rolls through the Buena
Vista tunnel, and he contemplates whether to get off at the Church Street stop. He might bump into someone he knows hanging out near the Safeway there, but panhandling in the area has been hard lately because the cops are on some sort of crackdown again.
Jane stays on the bus all the way down Market to Second Street, and heads for the
Starbucks just off Market. Her favorite spot used to be in front of a UCSF building on New
Montgomery, but the building was converted to apartments and now the concierge chases anyone off who panhandles there. Around by the back of the Starbucks she finds some scrap cardboard and a disposed cup, and sets herself up in front of the store to panhandle.
Pulling a Sharpie out of her pocket, she sits down to make a sign. If she was in the Haight, it’d probably be something designed to amuse tourists: “Ninjas killed my parents—need money for Kung Fu lessons” or the jokingly direct “Why lie—need money for beer and drugs!” Downtown is a different market, so she goes for pathos with a touch of the religious:
“Starving. Need money for food. Anything helps. God Bless.”
Jack gets off MUNI at the Powell Street station. The station opens into a combined
BART/MUNI station, and has an exit which runs straight into San Francisco Shopping Cen- ter, a mall with a lot of upper and mid-level stores. He heads the other way, towards Hallidie
Plaza and the Powell Street cable car turntable. It’s an area with a number of attractions— there’s always tourists there for panhandling, there’s usually people there buying goods who will take whatever you just got from a nearby store, and people he knows are always hanging out there. Sure enough, he sees Dave, someone who he’s done boosting [shoplifting] with a lot of times. He’s well dressed today, and busy doing the “my wallet got stolen and I’m 9 trying to get BART fare home” routine on some tourists. He waits until the guy has finished thanking the tourists and moves into his line of sight. “Hey man.” “How you doing?” “Pretty shitty. Trying to get well.” Dave starts talking about a buyer they both know, and that he’s been offering a premium for size 32 Blue Cult jeans. The discussion moves to what stores they know that carry the brand and what the store security is like, and whether it’s worth it—if the guy who wants them isn’t around when they have the jeans, they won’t get much for them at all because the size is kind of odd and the brand is a niche brand. Dave mentions one small boutique store that carries the brand, but Jack isn’t keen—he’s hit that store a couple of times recently and is pretty sure the LD [loss control employee] recognizes him now. Dave suggests another one. Jack agrees, and they come up with a routine. Since
Jack looks like he’s been sleeping in the park, he’ll attract a lot of attention as soon as he walks in. They decide that Dave should go in first and find the jeans, then Jack should walk in and ask to use the bathroom. As soon as store employees are distracted throwing him out, Dave should grab the jeans and leave. Dave will get most of the money for taking the risk, but they’ll be getting drugs together immediately afterwards and Jack knows Dave’s not much good at injecting and will probably need Jack’s help, and that he can probably control the process enough to get more of the drugs anyway, so he’s not that bothered.
Jane has a good hour or so panhandling—the improvement in the weather seems to have cheered up the office crowd, and she makes money fairly quickly without anywhere nearly as many abusive comments as usual, and no cops or store owners have been by to demand she move on. Someone gave her a slice of pizza as well. Once she has enough for a buy, she heads up to the Tenderloin to score. At first she can’t find any of the usual 10 people she and Jack buy from, but she eventually sees someone they’ve bought off a couple of times. Her dope isn’t usually the best, but at least she won’t have to put up with the sexually suggestive remarks she usually gets when she buys alone from the predominantly male dealers. There’s a social service agency nearby, and they’ve just opened their drop-in medical clinic for the day, so she goes and asks to use the bathroom. Once in the bathroom, she gets her injecting equipment out—a needle, a cooker, a twist tie to hold the cooker, a water bottle, and one of the cotton balls left over from last night. She knows the clinic gives out needles and alcohol wipes to people who ask, even though they only have a needle exchange two evenings a week, but she didn’t want to ask for equipment from them because it’d be obvious what she was going to do in the bathroom. She cooks up the heroin and begins the frustrating process of trying to find a vein. Five minutes later, she has several dribbles of blood on her arm, blood beginning to clot in the needle, but no vein. A staff member bangs on the door: “Hey! There’s other people waiting out here–you’ve got two minutes!” Cursing, Jane tries again. This time she finds the vein and manages to keep it for long enough to finish pushing the plunger in. It stings a little—the vein was punctured more than once during the initial digging, and the heroin mixture is leaking into the surrounding muscle and fat, and beginning to bruise. She drops the needle into the sharps container the clinic has bolted to the bathroom wall, and stumbles out, the heroin already taking hold.
The boost goes more or less as planned, to Jack’s vague surprise. He’s increasingly dopesick and desperate by the time he makes his entrance into the store, so making an attention-getting fuss when the employees intercept his beeline for the bathroom is easy.
He’s yelling at the top of his voice about how evil people are to try and stop a sick man 11 going to the bathroom when out of the corner of his eye he sees Dave calmly walking out the door with a small bundle under his arms. Making a last impassioned protest about being
‘grabbed’ by the store detective, he allows himself to be hustled towards the door. Thirty seconds later, the two of them are running down the alley behind the shop, laughing about how easy it was. Jack stops at the end of the alley and vomits, the running having really not helped with his dopesickness. The two head back to Powell Street to look for the fence who wanted the jeans. He doesn’t appear to be around, so they meander up the Street towards
Civic Center and the open-air market that usually goes on in front of the Carl’s Junior,
Jack on a ramble about how screwed this is and how it’s going to really suck if they can’t
find the guy; Dave annoyed and trying to calm him down. The guy is there, right in front of Carl’s Junior, and gives them $40 for the jeans after making a big show of inspecting them for stains. Fifteen minutes later, the two enter the Space Toilet beside Civic Center
BART station, and set up shop on the floor. Between the two of them, they have all the necessary equipment, although all of it has been used before. Jack has a needle he’s only used once, but he knows he has hepatitis C. Dave claims he doesn’t have hepatitis, but his needle has been used repeatedly. Jack figures he’ll be fine since he has hepatitis already, and besides, everyone knows barbed needles are better because they don’t punch out the other side of the vein so easily. They flush the needle once with water for appearances and get down to business. Jack cooks the dope in a cooker he’s been carrying around for ages, then draws the whole shot into Dave’s rig. He and Dave have a brief argument about what order to go in—Dave wants to go first, since it’s his rig and most of the money was his,
Jack counter-argues that he’s so dopesick if he doesn’t get a small shot he’ll be shaking too 12 hard to successfully inject Dave. Dave wins the argument. Jack finds a vein quickly—Dave’s ineptitude means he has a whole bunch of untouched veins down the back of his arms—and draws back on the needle to register. Dave is looking away squeamishly, so he deliberately draws more blood into the syringe than he really needs to then pushes the plunger back in slowly. He pulls the needle out and starts digging in his own arm. Dave notices that there’s still more liquid in the barrel than there’s supposed to be, and complains. Jack pulls the needle back out of his arm and offers it to Dave. Dave, frustrated, and already feeling the effects of the heroin he has received, decides not to take the risk of injecting again with a needle that someone with hepatitis C has just used. Jack resumes injecting.
Jane wanders down towards the Grey Wall, a stretch of boarded-up storefront on
Market Street near Civic Center. There’s a bunch of people there already who she knows, along with their dogs and backpacks. She says hi to people and sits down, leaning back against the wall to relax and nod out a little. After a while, Jack wanders up and sits beside her. They trade stories about the morning. Jane still has some money, which she gives to
Jack. He goes into the 7-11 just near the Wall and gets some malt liquor and food. They relax at the wall for a while, trading gossip with others and passing the liquor around. The immediate need to get money for heroin has passed, and they don’t have anywhere else in particular to go. Hours drift by. People come and go. In the early afternoon, foot police turn up at the wall and tell everyone they need to move on. “What for?” “Or we’ll book you for aggressive panhandling. You’re within 30 feet of an ATM facility.” “What ATM?” “The one in the 7-11.” Grumbling, people gather themselves and their belongings and begin to disperse. Jane and Jack and a couple of others decide to walk up Market to Church so they 13 can get jump the MUNI light rail back to the Haight.
As they walk up Market, Jane suggests they go to the Castro for a while rather than the Haight in order to panhandle. Jack disagrees—the Castro might be better panhandling, but the store owners and residents there call the cops almost as soon as you sit down, so you never get to stay there for long. The argue about it as they walk up the Street, but arrive at the Safeway at Church and Market before any real resolution. There’s a couple of people they know hanging out at the recycling center at the back of the Safeway, waiting for it to open so they can sell the shopping trolleys full of cans and bottles that they’d collected.
They chat with one of them, Adam, who is stressed out because he got separated from his girlfriend last night while whey were scavenging out in the Avenues, and he hasn’t seen her since. They’d both been on a bit of a speed bender for the last few days and his girlfriend sometimes goes psychotic when she hasn’t slept for four or five days and winds up being arrested or worse. Between his anxiety about his girlfriend and the fact that the two or three hours sleep he’d got that morning had been his first sleep in days, he’s not looking that great himself. Jack and Jane promise to keep an eye out for her, and suggest he try the other recycling place down at 3rd Street if she still hasn’t shown up after the Safeway recycling center opens—they take a lot wider range of metals and recyclables and she might have found something last night that she needed to take to 3rd Street to cash in.
The N-Judah MUNI comes out of the tunnel beside Safeway, and, decision made by the availability of transport, they jump on the back car. Getting off fifteen minutes later at
Cole Street, they stroll down to Haight Street. It’s close to four o’clock now. The Homeless
Youth Alliance drop-in at Haight and Cole is open, so they drop in briefly. One of the case 14 workers there had been helping Jane get her ID replaced—her last one was in a bag that got stolen, and she needs ID to do almost any of the things she’d like to do in the next year or so, from getting drug treatment to doing classes at community college—and she wants to see if it’s turned up in the mail yet. There’s also food—loaves of bread and peanut butter and jelly, so they make themselves sandwiches. There’s a lot of people jammed into the drop-in, and they both say hi to a few people, but there’s no-one there they’re really hanging out with at the moment. It’s the wrong day of the week for needle exchange but Jack asks one of the caseworkers, who goes and gets a brown paper bag with a standardized ‘kit’ of needles, a cooker and tie, sterile water ampoules, alcohol wipes, and cottons so they’ll have something to last them until tomorrow when the exchange is in full operation.
Wandering up towards the park, they finally decide to panhandle for a while near the Red Vic. The fog has come in and the weather is now much cooler than it was earlier in the day, so the tourists and shoppers aren’t walking in quite the same leisurely way they were earlier in the day. None the less, people still stop to give them money. One guy, who they’ve come to recognize as one of the waiters at a nearby cafe, stops to chat briefly as he drops some money in the cup. Shortly afterwards, as a tourist stops to drop a dollar, one of the housed residents of the neighborhood, who they’ve seen before a lot, harangues the tourist for ‘encouraging’ Jane and Jack, claiming that giving money to panhandlers ‘enables’ them to stay on drugs and on the street. Jack yells and jeers at the resident, calling her a bigot and a fascist. She starts yelling back, something about homeless people having no respect and shitting on her stoop. Jack yells that he’d shit on her stoop every night if he could; Jane and some of the surrounding tourists are giggling, but the original tourist who 15 stopped to give money has left, and there’s a couple of cops beginning to look interested down the street. The resident also leaves, clearly fuming, and Jane and Jack decide it’s time to move on before anyone forces them to. Besides, they have enough cash for a single hit of heroin, which will at least make them comfortable for the evening.
Finding someone to buy from is easier said than done though—there’s not as many heroin dealers in the Haight as there are downtown, and none of them seem to be around.
They set up to panhandle again a few blocks closer to Masonic street and talk about what to do as they panhandle. Jack suggests he go downtown with their money and buy, while
Jane heads back to their camp. Jane refuses—she knows that Jack is just as likely to shoot whatever he gets and come back with some story about being ripped off. As they continue to argue about it, neither really wanting to go downtown again, they’re surprised by a couple of undercover cops who are suddenly in front of them and pulling their badges.
Normally they would have spotted them and at least been ready for it, but their argument had distracted them. Jack is on probation from being busted for a boost he’d done last year, and as a standard condition of taking probation, he’d waived his 4th Amendment right to a ‘probable cause’ requirement for the police to search him. The undercovers know both
Jack and Jane, and know Jack is on probation so search him. “Any sharps in your bag or pockets?” “No.” “There better not be. If I get stuck you’re really in the shit.” The kit they’d gotten from the drop-in earlier is in Jane’s bag. Simply possessing it isn’t illegal any more, but if they find it, it means Jack is violating his probation conditions—if it’s on him, it’s evidence he’s using drugs; if it’s on Jane, it’s evidence he’s associating with drug users, and either of those would be sufficient to put him back in jail. However Jane isn’t on 16 probation and they leave her stuff alone, not something they’d taken for granted, but today it seems to be fine. It’s unclear what the undercovers are after. It doesn’t seem to be routine harassment, because they’re not yelling or making threats anywhere near as much as usual, and the search of Jack and his stuff is pretty perfunctory. Finally one of the undercovers asks in an offhand sort of way “have you guys seen Sinbad around lately?”, referring to the street name of someone they actually know quite well. “No”, they both answer reflexively.
“Well we think he was around when that kid got stabbed downtown last week. We just want to talk to him. So if you see him, let him know we’re looking for him.”
Mention of Sinbad had put them in mind of the corner of Market street where he usually hung out, right near a cluster of people who sold heroin, and both Jack and Jane suddenly decided it was worth going back downtown to score. They walk briskly up to the Cole street N-Judah light rail stop and jump on the next inbound train. Getting off at Powell twenty minutes later, they hustle down toward the corner they’d been thinking of. As it happens, Sinbad is actually there, still panhandling, and complaining about how he hasn’t quite made enough money to score. They tell him the cops in the Haight are asking after him, and then Jack asks “hey, are you still in that squat on Second street?”
“nah, that got shut down, but I’m in a new one even closer.” Jack suggests they take the money Sinbad has raised, add it to the money he and Jane have raised, in exchange for him and Jane crashing at Sinbad’s new squat. Sinbad readily agrees, and he and Jane wait on
Market street while Jack walks up the block to get the drugs. Ten minutes later the three of them head to the squat. Sinbad went to a needle exchange a day or so ago, and still has hundreds of needles, so they cook the drugs in a cooker and use one new needle to draw all 17
the solution up and disburse it into three other rigs (by removing the plungers and squirting
the solution into the barrel before replacing the plunger). As she drifts off to sleep, she hears
Jack and Sinbad talking about some TV show they’d both watched as kids, repeating lines
from it and laughing.
1.2 Approaching life on the street
This dissertation is ultimately a type of situational analysis (Clarke, 2005), an evocation of what is ‘in’ the situation described above. Situational analysis makes heavy use of ‘maps’, as a specialized form of diagramming, a common analytic tool used in grounded theory. This project also makes heavy use of maps—both in the sense used in situational analysis as well as in the more traditional cartographic sense.
Situational analysis treats the situation as the fundamental unit of analysis, and one of the key analytic decisions made in situational analysis is to define what is and is not ‘in’ the situation. By deliberate choice, most of the elements of the above story are in the situation being explored in this dissertation: the high level of mobility; the degree of
flexibility shown by the protagonists in responding to events, resource availability, and their own interests throughout the day; the way in which the set of needs which drive a lot of the action (particularly the need to use heroin) are different from the needs which drive those in the broader society in which they are embedded and must operate. The use of a wide range of strategies to meet those needs. The slight disjuncts between the aims of service providers and the actual needs of people who need to use drugs. The nature of interactions with police, passers-by, housed residents of neighborhoods through which they pass, retail 18
employees, service providers, and other young people in similar situations as themselves. All
of these will be dealt with to a greater or lesser degree elsewhere in this dissertation.
1.3 A note on labels and identity issues
Throughout this dissertation, I’ve struggled with what term to use to identify the group of people most of this dissertation revolves around. Initially I used the same term used in epidemiologic work I’ve done—‘young injectors’—because it’s succinct and because it describes two fairly relevant things in their situation. Most of them are ‘young’: the median age of those who participated in a quantitative interview was 22; the median age of those who I interviewed qualitatively was 25. All of those I interviewed qualitatively had injected drugs for at least three years, although some of them were not injecting on a daily basis at the time I interviewed them, and one had stopped completely for over six months. However, in many ways such a label reduces people to an aspect of their behavior. ‘Youngish people who happen to inject drugs sometimes’ might be more accurate, but lacks the rhetorical utility of ‘young injectors’. Even then, there is the problem of over-inclusion—the people I interview are members of a loose community, and certainly not representative of all young people who inject drugs in San Francisco, let alone in the wider world. Throwing qualifying adjectives at the problem helps slightly, although each adds its own problems of specificity:
‘homeless’ seems useful at first, but many are not entirely on the street; ‘marginally housed’ might be more precise, however again we have the problem of reducing human beings to some small aspect of their lives which happens to be currently foregrounded in national policy. Ultimately I settled on ‘UFO participants’ (see below), as this says little about them 19
other than that they were willing to participate in a study and met some inclusion criteria
at the time of their enrollment, which in most cases was several years prior to these events.
For the most part, this labe will be used, however at some points, for one reason or another,
people’s relative youth and the fact they currently inject is actually relevant to the discussion
and the term ‘young injectors’ is still used.
In the following section, I will describe in detail the methods used to approach
these issues, before giving an overview of the dissertation.
1.4 Methods
In many ways the primary data sources of this project are opportunistic. On entering graduate school in 2003, I had been the project director of the ‘UFO study’, a longitudinal epidemiologic study of (among other things) hepatitis C transmission in young injecting drug users for a year, and had worked on the project since arriving in the United
States at the beginning of 2000. The then-Principal Investigator, Andrew Moss, had encour- aged me to extend work I had done in Australia and to add questions to the ‘instrument’
(the term used to describe quantitative survey forms in epidemiology) administered to all
UFO participants every three months about heroin-related overdose. I later published three papers on this topic, two as first author (Davidson et al., 2002, 2003; Ochoa et al., 2005).
The current Principal Investigator, Kimberly Page, also encouraged me in the same way, allowing me considerable input on the questions included in the UFO instrument. As I was formulating the questions underlying this thesis, it was clear that the opportunity to include longitudinal quantitative data from a large sample of young people who inject drugs was 20 not to be missed. Having said that, my initial training in Australia was qualitatively ori- ented, and while several years embedded in an epidemiological project had given me a new appreciation for the value and possibilities of quantitatively oriented research, they had also impressed on me a sense of their limitations. Even without the heavy qualitative focus of the UCSF sociology doctoral program, I would have gravitated toward qualitative methods for this dissertation project as the best means to explore the questions I had.
The access to UFO study participants is probably the single most opportunistic component of my primary data. Along with access to the quantitative data coming in from the study (and the opportunity to include questions specific to this project in quantitative data collection), I also had access to the population for qualitative interviews and the ability to gather fieldnotes while at UFO field sites conducted every week, simply because I was already there as project director of the study. As well as simply being present, I had by the beginning of data collection for this project, been ‘at site’ for over five thousand hours, and had developed trust relationships with many of the hundreds of young people who were in the longitudinal arm of the study and hence returning to site on a regular basis. Additionally, I was also the board chair of the Homeless Youth Alliance (HYA), a youth drop-in and needle exchange located in the Haight. A huge proportion of UFO participants were also clients of
HYA, and in my capacity as Board Chair and general volunteer, I also spent a lot of time just ‘hanging out’ at the Haight drop-in and the needle exchange, chatting with UFO and
HYA participants and generally “seeing and being seen”. This also meant, in a city as small as San Francisco, that I regularly encountered UFO participants in public places. There is an existing body of practice around how ‘service providers’ should engage with ‘clients’ they 21 encounter randomly on the street; as someone whose context for knowing most people was in a service provision or allied context, I followed it as best I could—in short, if the person is alone, say ‘hi’ and wait for them to indicate they want further conversation; if others are present that you don’t recognize, then don’t even make obvious signs that you recognize the person until they acknowledge you, in case revealing their relationship with you would either interrupt whatever social dynamic they are involved in in a negative way (scaring off a John for someone engaged in sex work, for example) or indicating a relationship they might not wish to disclose (“hey, I didn’t know you were in the UFO study—I thought that was just for people who inject drugs?” ). Following field sites and (often) following random street contacts, I’d write fieldnotes (see below for details of formal Institutional Review
Board approvals and consent processes associated with this work). I did not write fieldnotes following time spent at HYA, firstly because I was usually there to interact with staff rather than volunteers, so was not hearing the kinds of story that I was hearing at UFO and on the street, and secondly because I had never discussed the possibility of being present in an ethnographic capacity with either staff or participants at HYA.
Another purely opportunistic data source was the notes, media coverage, and emails
I collected in my capacity as Board Chair of HYA during a period in 2007 when we were attempting to move the needle exchange and faced considerable political resistance from some housed residents of the Haight neighborhood (see Chapter 5, page 233 ff for a more detailed description of these events). Since my work was already attempting to address relationships between homeless youth and other members of the community, these often highly charged events were an immediate and obvious source of additional data, and I took 22
extensive notes throughout this period, also collecting flyers, emails, newspaper articles, and
similar publicly available documentary evidence.
In the following sections, I will describe each of the above data sources in more
detail, including (where appropriate) sample sizes and analytic approaches utilized to explore
the resulting data. Finally, I will discuss ethical issues associated with this data collection
and describe formal ethical review processes relevant to this work. Firstly however, I will
describe the overarching methodological approach utilized for this project.
1.4.1 Methodological approach
Data collection and analysis for this project were shaped by grounded theory/situational analysis. Grounded theory is an analytic methodology which allows qualitative data to be systematically gathered, described, and analyzed, with an emphasis on theory generation.
Key components of the process are the sampling process, the ‘coding’ of materials gathered along thematic lines, and the reflexive, iterative nature of data collection in which emergent themes help shape the researcher’s ongoing data collection efforts (Glaser and Strauss, 1967;
Strauss, 1987; Strauss and Corbin, 1998). One of the central aspects of grounded theory is the focus on social action. Situational analysis is a recent extension of grounded theory developed by Clarke (2005), which shifts the emphasis to the situation as the main unit of analysis. Situational analysis also draws attention to “non-human elements” in a situation, such as the existence of cheap disposable needles, or discursive elements such the contempo- rary and historic language and framings used to contest understandings of drug use in the
United States.
As described above (and in greater detail below), both qualitative and quantitative 23 forms of data were gathered. While standard statistical methodologies were utilized to ana- lyze quantitative data, these analyses were considered in turn as a kind of qualitative data, in that they provide an essentially descriptive interpretation of a component of a broader situation. In the chapters of this dissertation in which quantitative analyses are described, they are embedded in a broader discussion in which the aspect of a situation which they speak to is simply one of many (I would argue that almost all epidemiology to some degree attempts to locate the described work in larger situations; I am not proposing anything particularly new here). Likewise, data that does not readily fit the qualitative/quantitative nomenclature, such as maps drawn by qualitative interview participants, was also drawn into analysis in the same way: as reflective of aspects of a situation.
1.4.2 Primary data sources and methodologies
1.4.2.1 Quantitative interviews
This study was conduced within the existing framework of a study of young in- jectors, the “UFO Study” being conducted in San Francisco. The UFO study is a National
Institute on Drug Abuse (NIDA) funded prospective study which recruits young injectors to participate in studies of risk for hepatitis C and hepatitis C infection (PI, Kimberly
Page-Shafer, Center for AIDS Prevention Studies, University of California, San Francisco,
Department of Epidemiology and Biostatistics).
Recruitment and methodology Potential participants were contacted via street-based outreach in three neighborhoods frequented by young injectors (Haight, Castro, and Polk/Tenderloin/Lower
Market), and screened for eligibility. Potential participants who were under 30 years of age 24 and who self-reported injection drug use in the past thirty days were offered participation in an anonymous screening study, which involved a 45 minute quantitative behavioral in- terview, pre-test counseling, and a blood draw for hepatitis C (HCV) testing. Participants were paid $10 for their time and a further $20 one week later when they returned for results disclosure and post-test counseling. All interviewer/counselors were conducted by trained interviewers using a standardized Palm Pilot based instrument. I was also trained in pre-and post-test counseling in 2001, and personally conducted 163 quantitative interviews during the study period (and over 400 during the life of the broader UFO study).
Sample Approximately 1436 quantitative interviews conducted with 473 unique UFO par- ticipants between 2/5/2003 and 9/23/2008. Interviews were done cross-sectionally with all participants, then quarterly with the subset of participants who were anti-HCV negative at
first visit. Geocodable components included the nearest intersection to the location where the respondent was last stopped by police for any purpose, and the name/s of towns or cities in which the respondent had spent at least one week in the last three months. Other components included: needle use, risk behaviors, jail time, judicial status, age and other basic demographics, drug use, access to medical care, use of drug treatment (and whether court mandated), overdose (witnessed and experienced), needle sources, diagnosable mental illnesses, sources of income, and type of residence. Specific questions from this interview utilized in data analysis for this dissertation are described in Appendix B, p.269 ff.
Quantitative Analysis Quantitative analytic techniques used to explore the above data are described in Chapter 2, p.54 ff. 25
1.4.2.2 Participant observation and Field notes
As described above in the introduction to this chapter, I have been embedded in field work operations of epidemiologic and similar research studies in Australia and the
United States since approximately 1997. During this dissertation work, I continued to attend UFO’s weekly field site every week, both as Project Director of that study and to collect data for this work. Additionally, as described in the introduction to this chapter,
I routinely encountered UFO study participants outside the UFO field site and frequently had conversations with people in those contexts. After obtaining IRB approval, I began writing ethnographic field notes in July 2006, both on events which took place at field sites and on events outside that setting which seemed relevant. Other field notes were taken at community meetings in the Haight and Mission where housed residents, service providers, and representatives of city government (police, supervisors, representatives of DPW, project homeless connect etc) discussed issues relating to homelessness and/or drug use in their neighborhoods. Finally, as described in Chapter 5, p.233 ff, I took extensive notes at a series of meetings related to an attempt by the Homeless Youth Alliance in late 2007 to move its service operations from one location in the Haight to another, 185 yards away.
1.4.2.3 Qualitative interviews
Qualitative interviews were conducted with a convenience sample of seventeen UFO participants. Interviews were conducted at UFO field sites during normal field site operating hours. Participants were selected based simply on who was present at the site on nights where the site was quiet enough that I was not needed for other activities for at least an 26 hour. Interviews were based on a list of probe questions (reproduced in Appendix A, p.266
ff). Respondents were paid $20 in cash at the end of the interview. Interviews were audio- recorded and later transcribed by a professional transcriptionist, with transcriptions being checked against a complete play-through of each audio recording. Names or other potential identifiers (such as residential addresses) mentioned in interview transcripts were elided or replaced with pseudonyms as appropriate. In line with current UCSF IRB recommendations, audio recordings were deleted after transcription validation. Transcripts were then imported into TAMS Analyzer, a software package designed to assist the management and coding of qualitative data (Weinstein, 2008). Interviewees were also given a map of San Francisco covered with a sheet of acetate and a permanent marker and encouraged to draw on the map to illustrate anything they were talking about.
Qualitative analysis Descriptive or ‘open’ codes were developed iteratively as interview- ing progressed. Transcript and other available data such as fieldnotes were organized around these thematic codes to assist in developing broader conceptual frameworks and to identify relationships between themes. As part of this process, extensive memos were written, both on codes and their meanings and on relationships between codes and other elements iden- tified as being ‘in the situation.’ Situational maps were also produced, assisting in the visualization of relationships between and among elements in the situation.
1.4.2.4 Participant maps from qualitative interviews
Maps were drawn by 12 of the 17 individuals interviewed qualitatively. These range from detailed maps showing daily activities and areas of interest to one or two points 27 referenced in the interview. These maps were scanned, digitized, and imported into a GRASS
GIS database (GRASS Development Team, 2006) geocoded to a San Francisco base map.
1.4.2.5 Outreach worker maps
UFO study outreach workers (four individuals working in pairs) spent between 2 and 8 hours per week ‘on the street’ looking for current and potential UFO study partici- pants. All outreach was conducted on foot or bicycles. Between May 16, 2006 and March
26, 2008 nearly every outreach session was documented by marking the route taken on a photocopied map of the city; contact with potential or current participants was marked on the map with an ‘x’. Additionally, one to five paragraphs of field notes were written by the outreach workers at the end of each outreach session, providing information such as the relative business of the street scene, unusual events, comments made by participants, police activity witnessed, and so on. Maps were digitally imported into a GRASS GIS database and both the route taken by outreach workers and the locations of all contacts coded by date.
1.4.2.6 GIS data
The author geocoded the locations of needle exchanges and other major service providers who provide fixed-location services to injecting drug users. Additionally, spe- cific locations mentioned by respondents in qualitative interviews (open coded as ‘named places’)—for example,‘the Grey Wall’ (a short stretch of boarded off space on Market Street used as a place to meet and hang out)—were also geocoded. 28
1.4.3 Secondary Data Sources
1.4.3.1 Publicly available GIS data
The City and County of San Francisco provide GIS map layers which include street locations, census block boundaries, police organizational boundaries, neighborhood boundaries (both as defined by the City and by real estate groups), schools, parks, shoreline and waterbodies and so on. Additional DEM (elevation model) data was acquired from the
USGS. Addresses of Single Room Occupancy hotels (SROs) were obtained from the City
Department of Housing and were geocoded by the author. Year 2000 census data was also acquired and geocoded to the above census blocks.
1.4.3.2 Media reports
In the course of this project, several events took place with implications for the situation being analyzed, such as the failed attempt to move a needle exchange in the Haight to new premises, and the closure by police of the ‘Grey Wall’, a space used by young people to meet on Market street. In the former case, traditional print media both reported on and played a role in events; in the latter the impacts of the police action were documented in part by comments made on social media such as yelp.com, a site for ‘rating’ and describing locations and commercial entities. A systematic effort was made to locate and include in analysis any form of publicly available media that reflected on events of interest during the research period. 29
1.4.4 Additional materials requiring methodological explanation
1.4.4.1 Tenderloin map
Between January 25, 2008 and February 21, 2008 I walked or rode a kick scooter down every street bounded by Geary, Market, McAllister, and Van Ness streets. At the midpoint of each street a subjective assessment of ‘how Tenderloin is this block’ was made, on a scale of 0 (not Tenderloin) to 9 (open drug consumption, drug sales, sex work, and/or violence). These scores were then geocoded, and a “heat map” showing the density of scores produced from these vector points by using a moving 2D isotropic Gaussian kernel (GRASS
Development Team, 2006), producing a subjectively acquired map of the bounds of the area actually containing behavior associated with the idea of the ‘Tenderloin’ we invoke when using that term. Note that all data collection was carried out between 10am and 9pm.
In March 2008 two UFO outreach workers completed a partial duplication of the above process, without having seen the map produced by the author. A second map was produced which averaged subjective values produced by the author and the two outreach workers; however this map was not significantly different from the first, and the first map has been used consistently throughout this dissertation.
1.4.5 Ethical approval and considerations
1.4.5.1 Institutional Review Board approvals
As this project was conducted as a subproject of an existing study, the initial
Institutional Review Board (IRB) application to cover activities engaged in by this project consisted of a modification to the existing IRB approval to encompass a) ethnographic 30 observation at UFO field sites; and b) qualitative interviews conducted with UFO study participants. IRB approval for these modifications was granted prior to commencement of this work. Quantitative data collection, qualitative interviews, and ethnographic observation for this dissertation were carried out under IRB approval numbers H9973-16833-8, H9973-
16833-9, and H9973-16833-10, ‘UFO-3: HIV and Hepatitis Infection in Young Injectors ’.
As work on the project began, it became clear that other sources of data might be required. A separate IRB approval was sought to allow qualitative interviews with service providers, residents of neighborhoods with high levels of youth homelessness, and govern- ment agencies which funded service providers, as well as to conduct ethnographic observa- tion of public community meetings and city government meetings relating to homelessness.
IRB approval for these activities was granted under approval numbers H9973-32115-01 and
H9973-32115-02, ‘Neighborhood Character and Social Service Provision to Young Injectors in San Francisco’ (although in fact no qualitative interviews were conducted under this IRB).
1.4.5.2 Other ethical considerations
Three other ethical issues emerged during or prior to the commencement of this work. Firstly, one of the traditional roles the Project Director on the UFO Study fills is a triage/gatekeeper role at field sites. As I put it to field staff at the site with respect to a previous qualitative project:
the reason i’m bringing this [project] up though is because of an ethical problem.. because i have a real ‘gatekeeper’ role at site (ie i’m someone who decides if kids get seen or not on a given day, and even if they get into a study or not), I’m worried that if I ask someone if they’re willing to do an additional interview with me, they might be reluctant to say ‘no’ in case it affects how i treat them in future (P.Davidson, email, 10/9/04). 31
The issue of gate keeping is an ongoing one in the broader study, if for no other rea-
son that the study (and this project) pay participants—not a small thing if you’re homeless
and physically addicted to one or more expensive substances. The solution, for this project
at least, was to get junior field staff, ones known to participants as having no connection to
gate keeping processes, to do the initial verbal approach. Continuing the above email: so while it’s not perfect, i’m thinking that when someone i want to interview comes in to site i might ask one of you guys to do the initial asking if they might be interested in it. if they are, i can explain it in more detail and all that. any questions? (P.Davidson, email, 10/9/04).
This solution, while hardly getting away from the broader issue of whether paying people to participate in research is ethical, at least attempted to alleviate one possible effect of the inherent power disparities present in such a situation.
1.5 Overview of the dissertation
As described above, this dissertation project began with an interest in relationships between spatiality, judicial status, and utilization of needle exchanges. In Chapter 2, I explore these specific relationships largely through quantitative methods, and in doing so come to conclusions which in some ways lead to more questions than answers. In some ways, the remainder of the dissertation could be considered an attempt to engage these broader questions. In Chapter 3, I begin this task by locating contemporary drug use in the United
States historically and philosophically. In Chapter4Imoveontolookatwhat emerged as one of the key factors shaping the daily movements of the people I interviewed qualitatively: the ways in which they made money. In Chapter 5 I then look in more detail at the ways people understand and make sense of the spaces and places through which they move, and 32 give an extended case study in what happens when those understandings clash with the understandings held by other people who engage with the same physical location. Finally, in Chapter 6, I draw these threads together and describe their import. 33
Part I
Background 34
Chapter 2
The point of the stick: Judicial status
and injecting practice
2.1 Introduction
One of the key sources of support for this dissertation was a two-year, $50,000 grant from the University-wide AIDS Research Program (UARP)1 The grant proposed to
utilize mixed methods to examine the interrelationships between space/place, judicial status
(defined below), and the utilization of a core public health HIV prevention strategy, namely
needle exchange. In the original grant application, I hypothesized that there would be
a statistically significant relationship between young injectors’ ‘judicial status’ (defined in
terms of indicators such as ‘having current warrant/s’, being on probation or parole, and so
on) and their ability to comply with the U.S. Public Health Service standard of one needle
for every injection event (measured as a ratio between the number of self-reported injection
1Now the California HIV/AIDS Research Program (CHRP). 35
events per month and the number of needles obtained from any source). As described
in detail below, the relationships between the above-mentioned variables turned out to be
even more complex than initially anticipated, and move well beyond simplistic concepts of
quantifiable ‘judicial status.’ While the question of the relationships between judicial status
and needle exchange utilization is obviously a subset of the broader questions explored in
this dissertation, there is a way in which the entire dissertation could also be seen to be a
search for an answer to this more positivist question.
In this chapter I will specifically describe needle acquisition practices among the
group qualitatively interviewed for this project, as well as the quantitative exploration of
the relationships between needle acquisition practices and other quantitatively defined char-
acteristics including judicial status.
2.2 Needle ‘exchange’: a brief outline
In Chapter 3, I describe needle exchange in North America as a social movement which emerged largely in response to HIV/AIDS, and which began in many jurisdictions as illegal ‘underground’ services run by injectors and those close to them. I also indicated that needle exchanges have in many cases been co-opted by public health authorities (see p.83
ff). In this section, I will briefly describe key operational characteristics of needle exchanges as they operate in San Francisco, as a necessary basis for understanding the material that follows. This description is derived from my own experiences as a volunteer and active board member of three needle exchanges and one informal distribution service between 1997 and the present: the Western Australian Drug Users Association (WASUA) exchange in Perth 36
Australia (as a volunteer and evaluator), the San Francisco Needle Exchange (SFNE/HYA)
in San Francisco (as a volunteer and board chair), the Points Of Distribution (POD) ex-
change in the San Francisco Bay Area (as a board member), and the UFO field sites in San
Francisco (as Project Director).
Needle ‘exchange’ is a generic term for any service which provides needles directly to
people who inject drugs. In the United States needle distribution usually takes place in four
basic formats: fixed-site exchanges, mobile exchanges, ‘delivery’, and secondary or satellite
exchange2. Fixed-site exchanges are fixed locations open during advertised opening hours for
the specific purpose of providing needles and ancillary injecting equipment to injecting drug
users. Fixed site exchanges almost universally accept used needles for disposal; many also
provide other services such as basic medical services, linkages to drug treatment, food, and
referrals to other social services. Fixed-site exchanges are usually restricted to jurisdictions
where needle distribution is legal or at least rarely prosecuted. Mobile exchanges range from
dedicated, purpose-built vans which can provide all the services usually seen at fixed site
exchanges, through to an individual with a backpack containing needles and a biobucket.
Most also operate on fixed schedules and routes. Delivery exchange refers to mobile services
which deliver needles to injectors on-demand, usually after the end-user calls the service
cellphone number. Finally, secondary or satellite exchange refers to needle distribution
carried out by the users of an exchange. In this model, users of an exchange are encouraged
to take more needles than they themselves need to distribute to other injectors who cannot
or will not access the exchange in person3.
2Secondary exchange is also often called ‘satellite exchange’ to avoid the inference that it is of secondary importance (Mary Howe, Executive Director, Homeless Youth Alliance, personal communication May 12, 2009). 3Find a standard reference—look at Burrows (1998) or Parsons et al. (2002) or Sears et al. (2001) for 37
Three basic patterns of distribution exist in the United States: one-for-one ex-
change, ‘one-for-one plus’, and ‘at need’. In one-for-one exchange, new needles are handed
out in exchange for used needles on a one-for-one basis. ‘One-for-one plus’ allows for the
reality that some injectors may not be able to bring used needles to exchange and provides a
limited number of needles to anyone who does not present with used needles (usually capped
to a specific number) but requires used needles to be brought in for exchange for larger num-
bers. ‘At need’ exchanges simply provide as many needles as people require, subject only to
resource limitations. The current policy of the San Francisco Department of Public Health,
applicable to exchanges it runs directly, is ‘one-for-one plus’ with a cap of twenty needles
for people who do not bring in used needles.
I argue that these policy options have three basic antecedents: historic and con-
temporary political realities; resource limitations; and HIV as the defining disease.
Firstly, in the United States (as in many countries) needle exchange has often been
highly contentious, with those opposing them arguing that they normalize and legitimize
illicit drug use. A common community concern is that discarded needles will be a health
hazard4, although the risk of contracting a significant illness from a needle stick injury from
a discarded needle is vanishingly small5. Strict one-for-one exchange is a common tactical
response to such community concerns, allowing those supporting the establishment of an
exchange to argue that the model will encourage injectors to collect used needles6 and ‘force’
secondary? 4Stick in all the standard cites. . . 5Give the standard cites about HIV, HCV, HBV transmission risk from hot needlesticks vs the transmis- sion risk of tetanus. 6Apparently injector health is not worth protecting from the alleged hazards of community-disposed needles. 38
injectors to behave ‘responsibly’7 Strict one-for-one remains the most common policy among
exchanges started by health departments as opposed to users, despite recent epidemiologic
research has demonstrated that this strict one-for-one model increases levels of risk behavior
among injectors served by such exchanges without reducing levels of community-disposed
needles (Kral et al., 2004)8. Community concerns about inappropriately disposed needles
remain a major driving force in needle exchange operating policy, and in extreme cases this
community concern has led to the closure of exchanges (Broadhead et al., 1999).
Secondly, most if not all needle exchanges in the United States suffer from endemic
resource shortages. At the time of writing, federal law still prevents federal money being
used to fund needle exchange9, and many states also do not fund exchanges, leaving the fi-
nancial burden to individual cities or counties and to private foundations. As a consequence,
every needle exchange in San Francisco is staffed primarily by volunteer labor, and every
exchange has some form of monthly needle budget—a maximum number of needles they can
distribute in a month without running the risk of having to completely close later in the
year. This resource reality ensures that exchanges tend to limit the number of needles they
can distribute to any given individual, regardless of need. In the only published account of
actual needle needs of a community of injectors compared to the number of needles being
distributed, Remis et al. (1998) estimated that the approximately 10,000 injectors of the city
of Montreal required over 10 million needles per year to use a new needle for every injection;
the city was at the time distributing approximately 338,000 per year. Resource scarcity,
7Dig out quotes from the Chronicle. 8Cite Allesandra Ross or Hillary McQuie or Pete Morse personal communication—check emails from when Pete Morse ran the HRC needle exchange support program. 9Get the relevant CFR, maybe do a footnote giving the current state of play cf Obama’s election promise etc. 39
I argue, facilitates needle exchange staff actually complying with externally imposed one- for-one policies, rather than subverting such policies in the interests of the needs of their clients.
Finally, while the earliest needle exchanges in the 1970s in the Netherlands were created in response to hepatitis B (Buning, 1991, p.1304), the defining disease of all North
American exchanges has been HIV. As a basic rule of thumb, if HIV prevalence among injecting drug users is allowed to exceed 15%, it rapidly increases until stabilizing at around
50%10. Even fairly limited needle exchange programs have been remarkably successful at containing HIV prevalence below 15%11 among injectors. Since HIV is the rationale for city or county level legitimation and funding of needle exchange, I argue there is often minimal incentive to resource needle exchanges beyond the minimal level required to contain HIV incidence rates among injectors. As noted above, needle exchange in many cases provides less than 5% of the needles required for every injector to use a new needle for every injection.
While HIV is relatively easy to contain, other blood-borne viruses such as hepatitis C are much more easily transmitted via injecting equipment, and will require a closer match to the ‘one new needle for every injection’ standard to affect incidence rates.
Approximately fifteen fixed site exchanges exist in San Francisco. Eleven sites are operated by the San Francisco AIDS Foundation’s HIV Prevention Project (HPP) under contract from the City and County of San Francisco. The remainder are run by indepen- dent organizations, usually with a substantial portion of their financial support from City contracts12. All these programs are listed on city websites and their locations and opening
10Find a cite. . . 11Cite the usual suspects—use the list I wrote for HYA website. 12Cite SFAF page and the Health Commission or similar. 40
hours are advertised on a frequently updated flyer distributed by exchanges and agencies
who work with injecting populations. One of the exchanges runs a women’s-only night on
Wednesday evenings; all other sites are open to anyone. Additionally, a number of agencies
who work in some way with injecting drug users also provide needles on an informal basis to
their clients, but are not listed on the needle exchange schedule. Finally, since April 2005,
pharmacies in San Francisco have been able to sell needles to individuals without a prescrip-
tion. Walgreens, the single largest pharmacy chain in the city, was an early participant in
the program13.
2.2.1 Operational normality
All needle exchanges in San Francisco operate on a walk-in basis. Lines are ex- tremely rare. Most have a basic layout in which a staff member is present at a desk with a large biobucket beside it. A standard exchange between a user of the exchange and a staff member would go something like:
Staff: Hi, how’s it going? Client: Pretty good. I’ve got 60 here [dropping a bundle of used needles in the biobucket] Staff: Ok. What do you need? Client: Can I get half longs, half shorts, and about five muscle rigs? Staff: Sure. Need any cookers? Client: Oh yeah, four or five. Staff: Help yourself to the waters and wipes over there while I get your needles.
13Prior to April 2005 Walgreens was notable for providing free 1 liter biobuckets to anyone who asked. The drug policy lobbyist Glenn Backes told me in 2003 that in a conversation with a senior Walmart employee he was told that the policy was a legacy of the impact of HIV on Walgreens staff during the early 1980s—that a significant percentage of Walgreens staff in San Francisco during this period were gay and the high number of deaths among staff had had a personal impact on senior executives at the national level, leading to an active policy of supporting HIV prevention measures (Glenn Backes, personal communication, 2003.) 41
‘Longs’ and ‘shorts’ are terms used for different needle sizes both on the street
and by exchange workers. The terms are regional and may be applied to different sizes in
different locations even within San Francisco14, and ‘muscle rigs’ are larger needles used
for injecting intramuscularly for people whose veins are damaged by repeated injecting or
who are injecting more viscous substances such as methadone syrup designed for oral use.
Note that almost all needles distributed at needle exchanges in North America are ‘single
piece’ needle/syringe units, where the needle is an integral part of the syringe. Some larger
sizes may come with separate syringes and needle heads, to be connected using a Luer taper
connector. Continuing with the explanation of terminology, cookers are small disposable
containers for heating and mixing drugs, made from aluminum bottle cap blanks acquired
from the manufacturer before paint or a screw thread is applied, ‘waters’ are 5ml containers
of sterile water for injecting, and ‘wipes’ are alcohol prep-pads for cleaning the skin prior
to injection (see Figure 2.1 p.42). Other equipment usually provided by exchanges are
cottons—tiny cotton balls used to filter drug solution, ties—twist ties used to hold cookers
while they’re being heated, and crack pipe covers—spark plug boots, used to prevent lip
burns on glass crack pipes. Most exchanges also provide small ‘biobuckets’, plastic containers
designed to safely hold disposed medical sharps, including needles, before ultimate disposal
by incineration.
14More specifically, ‘longs’ are 27 gauge 5/8" 1cc insulin needles; ‘shorts’ are 28 gauge 1/2" 1cc insulin needles; ‘halves’ (or ‘micros’ at some exchanges) are 28 gauge 1/2" 1/2cc insulin needles; ‘micros’ are 29 gauge 1/2" insulin needles which come in both 1/2cc and 1cc sizes; and ‘muscle rigs’ refer to both 25 gauge 1" 3cc needles and 23 gauge 1 1/2" 3cc needles. The gauge refers to the diameter of the needle, with larger numbers referring to smaller diameters. A 28 gauge needle has a 0.356mm nominal outside diameter; a 23 gauge needle has a 0.635mm nominal outside diameter. The inch measurement in the needle specification refers to the length of the needle itself from the tip if the needle to where the needle joins the barrel of the syringe. The cc measurement refers to the maximum volume of solution the syringe can effectively hold. 42
Figure 2.1: Tourniquet and, (going clockwise from top left), cottons, alcohol wipe, water, needle (a ‘half’ or ‘micro’), and cooker (with tie).
Immediately noticeable is the mediated nature of the interaction. Even at the most basic level, in order to access needles, an individual needs to have a conversation with someone else who controls access to the resource. As I argue elsewhere (see p.99 ff), the resistance to unmediated forms of needle access in many parts of the world is in part due to the medicalization of needle exchange; the opportunities offered by a mediated interaction for ‘intervention’ in a drug user’s life make the continuing presence of interaction highly desirable for what Rose and Novas (2005, p.439) calls the ‘citizenship project’ of health intervention projects such as needle exchanges.
The other possible ‘legitimate’ route of access to needles in San Francisco is to purchase them from a pharmacy. Since January 1 2005 counties in California with autho- rized needle exchanges have been able to additionally authorize pharmacies to sell needles 43
without a prescription (Senate Bill 1159). San Francisco authorized pharmacy sales without
a prescription on April 12l 2005 (Herel, 2005). While needle exchanges are the major source
of needles for participants in UFO (a mean of 57 per month compared to two per month
from pharmacies), pharmacies have the signal advantage of being open for a far wider range
of hours—often 24 hours a day, as opposed to the two and three hour windows of operation
on one or two days a week common to needle exchanges. The functional experience of using
them is radically different however. Needle exchange staff in San Francisco are almost uni-
versally volunteers, and are universally interested in improving the health of injecting drug
users. Pharmacy staff, while oriented towards a public health framing of injection drug use,
tend to see injection drug users more as customers of the store and, as at least some injection
drug users are ‘visibly homeless’, potentially problematic ones at that (Cotten-Oldenburg
et al., 2001; Riley et al., 2000; Singer et al., 1998). Additionally, some pharmacy staff lack
the detailed technical knowledge about needle usage and types, causing odd moments, such
as this one captured in a field note from the UFO field site:
Erick suddenly talking about getting needles from Walgreens Castro (just after I gave him a negative HCV result—he’d been expecting it to be positive): “too many people in there, like lined up behind me—I finally bugged out and left, hung out near Safeway asking everyone until someone sold me a needle.” I said “yeah, too bad you can’t get it from a side door or something.” “Yeah, or a card or something you can point to. Like, I ask for ‘23A’ [I think..] and most of them [the counter staff] know what I mean, but it’s always a risk.” We joked around about the counter clerk holding up a bag of longs [a size of insulin needle] and calling out on the PA system “pricecheck on needles for the junky in aisle 5.” (Fieldnotes 9/25/2007)
On the other hand, as well as being open for a wider range of hours, pharmacies have a much higher degree of anonymity—the person seen entering a pharmacy could be doing so to obtain any number of innocuous products; the person seen entering a needle 44 exchange is, by definition, getting needles to inject illegal drugs with. Being ‘seen’ entering a needle exchange remains problematic for some users. Additionally, the commercial nature of the transaction (pharmacies in San Francisco sell needles; needle exchanges give them away) and the commercial/retail nature of the pharmacy itself encourages both parties in the exchange to regard the customer as a customer, someone to sell a product to, rather than as a client to carry out an intervention with.
The weaknesses of both needle exchanges (loss of anonymity, ‘intervention’ model, limited hours) and pharmacies (cost, potential difficulties with staff) are a key reason sec- ondary exchange has been common in North America. By using people who already feel comfortable with an exchange to deliver needles to those who are reluctant or unable to access exchanges directly, needles are distributed to those in high need. Secondary exchange covers a wide range of actual practices, from the completely informal (users of exchanges decide to get enough needles for friends without discussing it at all with needle exchange staff) through to highly formalized (secondary exchangers are actively recruited, trained in how to teach peers safer injection practices, and sometimes even paid to distribute needles and information to their peers) (Sears et al., 2001). At the time of writing, for example, the Homeless Youth Alliance (a non-profit of which I am Board Chair, which operates the needle exchange in the Haight) receives a grant from the California Department of Human
Services Office of AIDS to conduct a satellite exchange program. The primary criticism of secondary or satellite exchange is that it reduces the incentive to attend needle exchange in person, reducing access to other services the exchange might offer, such as referral to drug treatment (Valente et al., 1998, p.91). 45
Finally, vending machines have been used to provide an additional ‘low threshold’ means of distribution (Moatti et al., 2001; Obadia et al., 1999; Stark et al., 1994), however, to date this modality has not been utilized in the United States.
The UFO quantitative questionnaire contained questions about where participants sourced needles from from 1997 until the cessation of data collection in 2008. This con- sistently included questions about numbers of needles from needle exchanges, numbers of needles purchased ‘off the street’, and numbers of needles from ‘other sources’. Earlier ver- sions of the instrument included questions about the specific exchanges people used, about their participation in secondary exchange, and about whether they sold needles. More recent versions include questions about the numbers of needles acquired through pharmacies.
The presence of a question about needles purchased off the street reflects a common distinction made by needle exchange workers and others in the field—on the one hand, a needle exchange user selling needles is simply another form of secondary exchange, albeit one in which a profit motive rather than altruism is driving the behavior. Two reasons appear to exist for distinguishing street sales from secondary exchange. Firstly, there is a common belief on the part of both drug users and needle exchange staff that at least some portion of street sales involve used needles that have been washed out rather than unused needles:
Scott: But, yeah, like—as far as like finding points and things like that, you can always find a kid that, you know, will trade a cigarette or something for a clean one up in the Haight but definitely the only place—reliable place to get them is down here. INT: Right. At a needle exchange or from other people or both or – Scott: Both. INT: When you say “reliable,” it’s just like there’s - Scott: Well, in a package. In a package. ‘Cause so many of those bums fucking wash them out. I’ve seen kids like “Oh, they said it’s clean.” I’m like “Oh, you’re 46
fucking nuts, man. You’re nuts.” They’ll wash them out and pull the plungers out until everything dries in there and then, you know, it’s like, “Oh, man!” INT: Put it back in [..?..] Scott: That’s fucked up. I want to kill people like that really. INT: So—but down here there’s enough needles floating around [..?..] Scott: I know. How do you—how do you need, you know, like fifty cents that badly, you know, that you’re willing to go through that many needles and wash them all out and dry them out. It’s like, man, people, you know.
The second reason for distinguishing the practices appears to be a distaste on the part of needle exchange workers for the removal of altruism from the practice of secondary exchange. I hypothesize that the fact that nearly all needle exchange is conducted by a volunteer workforce may exacerbate this distaste—that street sales mean other individuals are profiting from the work of volunteers (no matter how economically desperate those individuals are, or how trivial the ‘profit’). In conducting quantitative interviews at UFO during the period in which a question about “have you sold needles in the last 30 days”, it was noticeable how tentatively people answered “yes”, and how often those saying “no” added expressions of disgust: “oh, fuck no man, that’s fucked up” (this in a questionnaire involving a wide range of behaviors considered distasteful or unethical by broader society).
However, having said that, it should also be noted that the behavior was relatively common: the question was asked of 154 people between April 2003 and September 2005, and of these
50 (32%)responded ‘yes’, indicating that despite social undesirability the practice was still common. 47
2.3 Judicial status
In the introduction to this chapter, I stated that in a grant application to UARP, I had proposed to utilize mixed methods to examine the interrelationships between space/place, judicial status, and the utilization of needle exchange. In this section, I will explore ‘judicial status’ as a theoretical concept and as an operationalizable variable for quantitative analysis.
In the strictest, quantifiable sense, I am defining ‘judicial status’ as the location of a body in a legal system. In the modern state, as Foucault ([1975] 1995) has noted, every individual has a ‘judicial status’ in that every individual has a ‘record’ of some description which indicates their relationship to sovereign law and hence the enforcement of law. At the the absolute minimum, this record consists of a record of citizenship, a status which speaks to jurisdiction and the procedural rules of engagement for the physical enforecement of law.
To give two illustrative examples, under California law a foreign citizen held by police for any purpose for more than two hours must must be informed of his or her right to contact a consular representative (California Penal Code 834c(a)(1)15). Failure to do so on specific
cases has led to Supreme Court Cases challenging the legality of arrest in capital cases
(Breard v. Greene, 523 U.S. 371). As a second example, treaty arrangements between the
United States and Iraq provide a degree of extraterritoriality for US citizens and complete
extraterritoriality for members of the US Armed Forces (The Military Extraterritoriality Act
of 2000, Public Law Number 106–523, 114 Stat. 2489 (November 22, 2000))—ie US citizens
are subject to US law rather than Iraqi law while present in Iraqi sovereign territory. In
both these examples, the (almost) universal state of ‘citizenship’ 16 defines which body of
15Which in turn enacts the 1963 Vienna Convention on Consular Relations Treaty, ratified by the United States in 1969. 16I say ‘almost’ because despite a series of treaties and conventions following the Second World War 48 law applies to them, and under what circumstances that law can be applied. Constitutions and related procedural law also define how law can be applied, by defining the limitations and requirements of ‘legitimate’ physical enforcement of law.
Beyond this minimum judicial status of citizenship, most if not all individuals living in a modern state have additional records of their status under the law. Before continuing,
I want to distinguish between de jure elements of judicial status and de facto elements. By de facto elements, I mean elements which are not necessarily documented but which may have substantial impacts on whether and how the exercise of law is carried out. An extreme example of a de facto element of judicial status might be being black in Mississippi in the mid-1950s. While a formal record of ‘black race’ might or might not exist, having a black skin at that time in that place could reasonably be said to have had significant impact on whether and how law enforcement would be carried out, as well as the disposition of that exercise of law enforcement. By de jure elements of judicial status, I mean those elements of judicial status for which there is a formal record and for which there is a documented procedural means of relating the status element and the exercise of law. An example of a de jure element of judicial status in the United States might be the issuance of a warrant of arrest by a court following receipt of a signed affidavit showing probable cause that a specific individual has committed a crime. The existence of such a documented element of judicial status provides police officers a legal, procedural basis for physically detaining the named individual on sight, even if the police officer/s exercising that detaining power did not witness the alleged crime. Both de facto and de jure elements of judicial status can designed to eliminate “statelessness”, the UNHCR still described approximately 5.8 million people as stateless in 2006, ie as holding no recognized citizenship, usually due to civil war (UNHCR Media Relations and Public Information Service, 2007, p.31). 49
be beneficial to the individual: being a veteran, for example, brings specific bodies of de
jure law into play (such as laws enacted to protect veterans against discrimination following
the Vietnam War), as well as possible positive and negative de facto effects—differential
treatment during a traffic stop for speeding, for example, depending on the valuation of
veteran status by the police officer in question.
Finally, it should be noted that the relevance or importance of de facto elements
of judicial status are almost always predicated on a key aspect of police and judicial system
power: the element of ‘discretion’. Elsewhere in this dissertation I engage with the concept
of police discretion (see p.XXX ff17).
For the purpose of the analysis below, I will be concentrating on de jure elements
of judicial status, however some de facto elements will also be investigated. In the following
sub-section, I will describe specific elements of de jure judicial status documented in the
quantitative UFO interviews that form the basis of this analysis.
2.3.1 UFO and de jure judicial status
2.3.1.1 Warrants and bench warrants
Warrants in the United States are issued by a magistrate (to be pedantic, Congress
can also issue them) on the presentation of a sworn affidavit showing probable cause that a
specific crime has been committed and naming a person or persons alleged to have committed
the crime. A warrant enables (or rather commands) police officers to physically bring the
named individual/s before the issuing magistrate. Bench warrants are arrest warrants issued
17Crossref with the material on Foucault and Becker and police discretion—I think where this belongs is in sections explicitly describing UFO pt / police interactions. 50 by the court itself for ‘failure to appear’ for required court appearances (Voorhees, 1915, p.28).
In the UFO quantitative interview, one question relating to judicial status is “Are there any warrants out for your arrest right now that you know of?” No distinction is made between bench warrants and ‘regular’ arrest warrants in the question. Respondents who answered “yes” after February 2003 were also asked whether the warrant was for “drug related” or “other” offenses, and which state or states the warrants were issued in. After
March 2006 the possible answers to the latter question were simplified to a choice between
California, the tri-state area (Oregon, Nevada, Arizona), or ‘other’, on the understanding that police field databases would only show non-felony warrants issues in California and the surrounding three states (ie a bench warrant or a warrant for a misdemeanor offense issued in, say, New York would not show up if police on the street in San Francisco entered the person’s name in the database system installed in police cars). For the purposes of analysis, state of arrest from the 2003–2006 period is grouped into the California / tri-state / other grouping used after 2006.
2.3.1.2 Being stopped by police
While not an element of de jure judicial status, I argue that being stopped by police on a regular basis affects an individual’s sense of their own de facto judicial status, in that it is also an indicator of one’s ‘visibility’ in public places. From February 2003 all respondents were asked “In the last 3 months, have the police stopped you for any purpose?” and if
“yes”, “What was the nearest intersection / cross streets?” and “Were condoms or needles confiscated from you during this contact with police?” For those who gave a location of last 51
police stop, all answers were recoded as ‘in San Francisco’ or ‘not in San Francisco’; all ‘in
San Francisco’ locations were additionally geocoded as UTM18 Eastings and Northings to
facilitate mapping.
2.3.1.3 Stay-away orders and restraining orders
In California a ‘stay-away order’ is the formal term for a court order requiring an
individual to stay away from a named location, individual, or both. However in common
usage among UFO participants, the term ‘restraining order’ is used to describe stay-away
orders relating to an individual (such as an ex-spouse), and the general term ‘stay-away
order’ is generally used to refer to an order relating to a location. In the latter usage,
stay-away orders are routinely issued to individuals who have been repeatedly convicted of
shoplifting or similar offenses requiring them to stay away from specific stores or chains of
stores. Individuals who have been convicted of selling drugs often receive them for entire
areas, such as “Haight street between Stanyan and Masonic”. The are also used on occasion
for individuals who have repeatedly been convicted of ‘quality of life’ violations such as
sleeping in the park. As an added element of confusion, some police officers verbally inform
specific individuals that they are now under a ‘stay away order’ from a specific locale, and
that they will be arrested if the officer sees them in that location.
In the UFO quantitative data, the question “Do you currently have any stay away
orders in the Bay Area?” and if “yes”, “From what neighbourhood / area/s (list all)?” was
asked from February 2003 on. The question “Do you currently have any restraining orders?”
18Universal Transverse Mercator coordinate system, a commonly used ellipsoidal map projection developed by the United States Army Corps of Engineers in the 1940s which makes calculating the distance between two points less computationally intensive than traditional latitude/longitude based projections (Snyder, 1987, pp.57–58). All free GIS data provided by the City and County of San Francisco is in this format. 52 and if the respondent answered “yes”, “Was this in the Bay Area?” was asked from February
2003 to June 2006. The differentiation between ‘restraining orders’ and ‘stay away orders’ in the minds of UFO participants can be seen in the following data: in the 2003–2006 period where both questions were asked, 17 respondents answered “yes” to “do you have a restraining order” but “no” to “do you have a stay-away order”; conversely, 60 respondents answered “no’ to “do you have a restraining order” but “yes” to “do you have a stay-away order”. Twenty three indicated “yes” to both, however in only one case did the description of
“from what areas” include anything suggesting an individual (“Walgreens and dad’s house”).
2.3.1.4 Lifetime incarceration
For the purposes of this work, incarceration is defined as any judicially mandated restriction on movement to within a carceral institution from which the inmate can be
‘released’ at the end of their sentence. In the UFO population, this includes juvenile justice, jails, and prisons. In California, a jail is a facility operated by a county; a prison is operated by the State or Federal government. Anyone arrested in California is (with some exceptions, usually relating to immigration offenses) held in a jail until arraigned (formally charged in front of a judge and, potentially, offered bail) and (again, with some exceptions) if not bailed until the trial. Post conviction, the individual will either remain in jail (usually for offenses for which the penalty is less than one year) or transferred to a prison (California Department of Justice, 2008).
In the UFO quantitative interview, a number of questions are asked about lifetime and recent exposure to incarceration: “Have you ever been held overnight or longer in a jail, prison or juvenile hall?”; “When was the first time you were locked up?”; “When was the most 53 recent time you were locked up?”; and “How much total time have you spent locked up in your life?” In earlier versions of the instrument specific questions were asked about whether the respondent had been incarcerated in jail only or in prison as well. For every individual an additional variable was created giving the total number of months incarcerated at the time of the interview.
In a paper I co-authored in 2006 on associations between incarceration and hepatitis
C antibody status among UFO participants, we found
In a sample of 839 young IDU, median age was 22 years, 70% were male, 86% had a lifetime history of incarceration, and 56% had been incarcerated in the prior year. Serologic markers of HBV and HCV infections were significantly higher among those with any history of incarceration (29% and 42% respectively) compared with those with no incarceration history. Variables independently as- sociated with recent incarceration were gender (male), homelessness, increased years of injecting, and a history of having ever borrowed previously used needles for injecting. Variables independently associated with any lifetime history of in- carceration included: gender (males), educational level, homelessness, increased years of injecting, and anti-HCV status.” (Kittikraisak et al., 2006, p.271)
2.3.1.5 Probation and parole
Probation is a form of punishment in which the convicted individual is ‘supervised’ in the community for all or part of the sentence. Probationers have restrictions on their movements and/or allowable activities as a key component of the punishment. Parole is a period of supervised conditional release following a prison term (California Department of Justice, 2008, p.178). See Figure 2.2, p.54 for a detailed diagram of where probation and parole fit into the ‘judicial cycle’. In California, the inclusion of a ‘no probable cause’ clause in probation and parole conditions is essentially universal—in short, the probationer or parolee must waive his or her 4th Amendment right to a ‘probable cause’ requirement for 54
the police to search them in order to be eligible for probation or parole (Pishko, 1976).
UFO participants were asked two questions about probation and parole: “Have
you ever been on probation or parole at any time in your life?” and “Are you currently on
probation or parole, or have you been on probation or parole in the last 3 months?” Again,
as with incarceration, no differentiation was made between the two despite the considerable
difference between them as legal statuses.
What is the sequence of events in the criminal justice system?
Sentencing Entry into the system Prosecution and pretrial services Adjudication and sanctions Corrections Refusal to indict Charge dismissed Acquitted Appeal Grand jury Probation Habeas Pardon and Capital corpus clemency punishment Revocation Arraignment Trial Convicted Sentencing Felonies Prison Unsolved Released Released Charges Charges Out of system or not without without dropped dropped Guilty plea (registration, arrested prosecution prosecution or dismissed or dismissed Information notification) Parole Reported and Reduction observed Intermediate of charge Revocation crime Investi- sanctions gation Charges Initial Bail or Out of system Arrest Preliminary filed appearance detention Charge hearing hearing dismissed Acquitted Jail Crime
Arraignment Information Trial Convicted Sentencing Revocation Out of system Misdemeanors Guilty plea Prosecution as a Unsuccessful Probation juvenile diversion Out of system Diversion by law enforcement, prosecutor, or court
Waived to Probation or other Police criminal nonresidential disposition juvenile Intake court Formal juvenile or youthful hearing offender court processing Adjudication Disposition Revocation Juvenile unit Residential offenders placement Out of system Informal processing Nonpolice referrals diversion Released or Released or Released Aftercare diverted diverted Source: Adapted from The challenge of crime in a free society. Note: This chart gives a simplified view of caseflow Revocation through the criminal justice system. Procedures vary President's Commission on Law Enforcement and Administration among jurisdictions. The weights of the lines are not of Justice, 1967. This revision, a result of the Symposium on intended to show actual size of caseloads. the 30th Anniversary of the President's Commission, was prepared by the Bureau of Justice Statistics in 1997.
Figure 2.2: Paths through the judicial system (Bureau of Justice Statistics, 1997)
2.4 Relationship between judicial status and the acquisition
of needles
Having described key routes by which UFO participants obtain needles, as well as the core facets of judicial status as experienced by young injectors, this section will quanti- tatively explore relationships between needle acquisition practices and other quantitatively defined characteristics including judicial status.
The sample and data collection methods used to obtain the data described below is given in Chapter 1.4, p.23 ff.
Beginning with the concept of needle acquisition practices, a ‘Safe Injection Indi- 55 cator’ (hereafter SII) variable was constructed to provide a measure of ‘closeness of fit’ to the one-needle-per-injection standard. The variable is continuous and takes the form:
SII =(g − l) − (r × a)
where: g = number of new needles acquired from needle exchange in the last 30 days, l = number of needles lost, discarded, confiscated, sold, given away, stolen or otherwise lost to the participant in the last 30 days, r = number of days in the last 30 on which injection took place, and a = average number of injections per day on days that injection occurred within the last 30 days. ie:
SII =(number of needles acquired) − (number of injection events)
SII is therefore a measure of how close to the one-for-one needles per injection event recommended by the US Public Health Service for injectors who cannot or will not cease injecting (Gayle et al., 1997) that the respondent could potentially reach (keeping in mind that just because the respondent acquired enough needles did not mean that she or he actually had needles on her or his person at the time they were needed). A positive SII means the respondent acquired for her or his own use more needles than were required to meet the standard; a negative value means the respondent did not acquire enough needles to meet the standard.
Dealing with the second half of the equation first, the number of injecting events in the past thirty days, the value of r (number of days on which injection took place) was derived from responses to a series of questions about the number of days in the past thirty days the 56
respondent had injected each of heroin, amphetamines/methamphetamines, cocaine, crack,
goofballs (heroin mixed with amphetamines), speedballs (heroin mixed with cocaine19), and
any other substance not already named. These questions took the form “Have you ever
injected [substance]?”, and if so, “Have you injected [substance] in the last 3 months?”, and
if so, “In the last 30 days, how many days have you injected [substance], if any?” At the
end of this sequence of questions, to account for the possibility that a participant would
have used different substances on different days, an additional question was asked: “In the
last 30 days, on how many days did you shoot up anything including medication?” While
this last question should in all cases have resulted in the highest or equal highest value,
in 41 cases one of the “In the last 30 days, how many days have you injected [substance],
if any?” questions had a higher value answer than the final “In the last 30 days, on how
many days did you shoot up anything including medication?” question, possibly indicating
that respondents were ‘guesstimating’ responses to this sequence of questions. In these 41
instances the highest of the two values was used.
The value of a (average number of injections per day) was derived from responses to
the question “How many times a day did you usually inject, on the days that you injected?”
These two variables, r and a, when multiplied gives the total number of injection
events for a given individual in the past thirty days. Among respondents interviewed cross-
sectionally at baseline (ie at the first interview conducted with the study), the value of r × a
had a range of 0–600.
Looking at the first half of the equation, the number of needles acquired in the
19The listing of “speedballs” as heroin mixed with cocaine rather than heroin mixed with speed is not an error. 57
past 30 days, several methods were used to calculate this figure so comparisons could be
made between individuals who obtained needles from ‘known good’ sources such as needle
exchanges and pharmacies, and individuals who included in their acquisition practices needle
sources such as street purchased needles or needles provided by friends, acquaintances, and
outreach workers, where the provenance of the needles were unknown.
Questions in the questionnaire relating to needle acquisition changed at several
points during the study. Throughout the study (ie February 2003–September 2008) all
participants were two pairs of questions: “In the last 3 months did you personally get any
new rigs from a needle exchange (including for other people)?” and if so, “In the last 30
days how many new rigs did you personally get from a needle exchange?”; and “In the last 3
months did you personally get any new rigs from any other source, for example kickdowns20,
from outreach workers, or from friends?” and if so, “In the last 30 days how many new rigs
did you get from these other sources?” From January 2006 onward, two additional pairs
of questions were asked: “In the last 3 months, did you personally get any new rigs from
a pharmacy (including for other people)?” and if so, “In the last 30 days, how many new
rigs did you personally get from a pharmacy?”; and “In the last 3 months did you personally
purchase any new rigs off the street?” and if so, “In the last 30 days, how many new rigs did
you personally purchase on the street?” It should be noted that the questions about ‘other’
sources of needles was always asked last, and also that by adding new questions during
the study, the value of ‘other’ could conceivably change as in the early part of the study
someone who had (for example) purchased them off the street would have no option but
20A ‘kickdown’ is street slang for giving something of value to someone without expectation of immediate return, as in “I had an extra pair of shoes, so I kicked them down to someone who needed them.” 58 to report them as ‘other’; in the latter part of the study the needles could be reported as street-purchased and the value of ‘other’ for that individual would be correspondingly lower.
As such, values of ‘other’ from the first and second halves of the study are not necessarily comparable.
Accordingly, four different values of g (number of new needles obtained in the last
30 days) were calculated: needles from needle exchange only; needles from ‘legal’ sources only (needle exchange and pharmacy, but only after January 2006 when pharmacy sales data began to be gathered); needles from ‘risky’ sources only (street purchased and ‘other’ only, again only after January 2006); and all needles from any source.
The final component of the first half of the SII equation, the value of l (number of needles lost, discarded, confiscated, sold, given away, stolen or otherwise lost to the participant in the last 30 days) was unfortunately not fully addressed by questions in the
UFO interview. Three questions were asked for a limited period of time which speak to the issue, but none explicitly asked for numbers: “In the last 30 days did you give other people needles?”; “In the last 30 days did you sell needles?”; and, for people who had been stopped by police in the past three months, “Were condoms or needles confiscated from you during this contact with police?” and if so, “Which?” In cross-sectional data, 171 of the 302 people who answered the question (57%) had given needles to others in the past 30 days; 50 of 152
(33%) people who answered the question about selling needles had sold needles in the past
30 days; and 34 of the 299 (11%) people stopped by police in the past three months had had needles confiscated from them by the police. These data suggest that the value of l was non-zero for somewhere between 57 and 100 percent of participants (particularly given that 59 none of these questions address loss of needles due to theft of belongings including needles or other forms of loss). Field notes suggest that sales of needles and loss due to theft or similar involve relatively small quantities of needles for most UFO participants (ie less than ten per month) but giving needles to others can account for large volumes of needles, particularly for those deliberately engaged in secondary or satellite exchange. As such, median and other measures of SII in this group may well be underestimates.
Given the absence of usable data for the value of l, for the analyses described below,
SII is therefore calculated as:
SII = g − (r × a)
where: g = number of new needles acquired from needle exchange in the last 30 days, r = number of days in the last 30 on which injection took place, and a = average number of injections per day on days that injection occurred within the last 30 days.
Before continuing with analyses, two other confounders to the value of SII need to be mentioned, both relating to ‘social desirability’ in self-reports of injecting behavior.
The concern in this instance is that UFO participants would over-report needle acquisition
(a socially-desirable behavior in the context of harm-reduction oriented service provision in
San Francisco) and under-report injecting frequency (another behavior potentially seen as socially-desirable by respondents). These issues around the validity of self-reported data from injecting drug users have been persistent concerns in epidemiologic research with this population (see Johnson and Parsons (1994), Darke (1998), and Safaeian et al. (2002) for specific examples of this literature relating to injecting behaviors). In general, this literature 60
admits that some distortion may occur, but meta-reviews of the literature suggest that,
when compared to biomarkers, criminal records, and collateral interviews, “self-reports of
drug users are sufficiently reliable and valid to provide descriptions of drug use, drug-related
problems and the natural history of drug use.” (Darke, 1998, p.253).
2.4.1 SII vs . . .
As described above, the Safe Injection Indicator (SII) is a continuous variable where a negative value indicates that the individual reports obtaining less needles than needed to use a new needle for every injection reported in the past thirty days; a zero value indicates a one-for-one match of needles obtained to injecting events, and a positive value indicates the individual reports obtaining more needles than required for her or his own use in the past thirty days. Four different values of SII were calculated for every individual cross- sectionally interviewed by the UFO Study between February 2003 and September 2008 to reflect different ways of obtaining needles in San Francisco.
For each of the judicial statuses described below, the SII values were grouped according to whether individuals did or did not have the judicial status indicated. As none of the methods described above for calculating SII resulted in a normally distributed variable when tested using the Shapiro-Wilk test for normality (Shapiro and Wilk, 1965), a
Mann-Whitney U test, the nonparametric equivalent of the Student’s t-test for comparing differences between means in a normally distributed sample (National Institute of Standards and Technology/SEMATECH, 2009, Section 7.3.5), was used to compare differences between the medians of grouped SII values. 61
2.4.2 Warrants
UFO participants were asked “Are there any warrants out for your arrest right now that you know of?” The null hypothesis is that differences in the median SII value among those who have a warrant out for their arrest and the median SII value among those who do not will not be significant. As SII is non-normal, an independent two group Mann-Whitney
U Test was used to compare differences between medians. Among respondents interviewed cross sectionally (ie those being interviewed for the first time by UFO prior to serology and potential enrollment in a longitudinal cohort), and calculating SII based on needles from any source, the test returned a p-value of 0.4456, meaning the difference between medians was not significant.
Repeating the test for values of SII calculated by restricting sources of needles to needle exchange only; needle exchange plus pharmacy; and needles from street or ‘other’ sources only all also returned non-significant results.
When looking at the overall distributions of SII (see Figure 2.3, p.62), it is notable just how high SII values are for some individuals—in some cases people report obtaining literally thousands of needles more than required for their own self-reported injecting needs.
Recalling that a positive SII value indicates the individual obtained more needles from needle exchanges of pharmacies than they required for their own injection needs in the past thirty days; people who have a SII value in the hundreds or the thousands are highly likely to be participating in ‘secondary exchange’—ie delivery of needles from needle exchanges to other individuals who cannot or will not go to needle exchange themselves. One value of
SII present in Figure 2.3, for example, is from a quantitative interview with Jess (one of 62